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Jitendra Gupta (Engineer)     12 July 2013

Fraud by builder

Dear Sir

I live in Surat but work overseas on short contracts. I booked a commercial property in Gurgaon in Nov-2011 thru one agent. based on the agent confirmation that the construction is going to start in Jan-12 I have signed an MOU with the builder. I paid 20% down payment 12.6 lacs INR 1.5 years before.

Construction was suppose to start in Jan-12 but not started. It has been 1.5 years now; The agent thru which I booked the property is responding to the call and escaped. Builder is not giving the correct feedback past 1.5 year and every time I ask he says that it will start next month.  I have seen the blogs and found that the bulider is cheat9ing other customers who invested their hard earned money in other projects. Most of the projects are either not have plan approved which the customer know only when their loan request get rejected by the bank. Seeing all this I decided to exit from this property  7 months before and ask builder to gave my complete payment along with the interest.

As I decide to exit 7 months before and to get the refund I was asked by the builder managment to submit the cancellation papers in order to get the refund amount back. He has also asked for NOC from agent. But the agent is not responding and absonded. I told the builder that I dont know about the agent as I have invested in your project and the money is transferred into his account . Also I said that  the agent is not reponding to my call & emails. It seems there is the Nexus between the builder and agent and both are doing this fraud. Later they told me to send them all the remaining cancellation papers 6 months back.  I send them all before leaving India and confirmed that all are recieved. Now when I left India & reached here they send me the mail asking for NOC again. They told my father that they will deduct the agent commission (around 5 lacs) if I won't provide them NOC or either I should wait.  The buiilder is making fake promises of construction get started every month.

My wife is in India currently and we want to take the strict legal action and get our money returned with interest.
We live in Surat. Pls. guide us how should we proceed. What are the fair chances or getting the money returned and how long will it take.
 
I would sincerely appreciate your earliest reply!
 
Regards
Jitendra 
  


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